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How To Avoid Costly Blogging Adventures...

on the web Earlier this year, the State of Michigan approved 2 Blogging courses for Real Estate Professionals. One of the courses, Blogging Basics for Real Estate Professionals, (K1062) could not have been more timely. My newsfeed just came across the most recent article from Inman News by Glen Roberts entitled 'The Long Arm of the Law Reaches Bloggers.'

According to Roberts, millions of dollars have been awarded to plantiffs who have filed cases against bloggers; one of the most famous being the lawsuit against this Miami agent.

It's not just about defamation and slander or even copyright infringement. An issue which many real estate bloggers continue to ignore is the compliance of their blogs with the real estate laws which govern the practise of the profession in their state.

For instance in Michigan, if you are a real estate agent, you can't PRETEND to be a member of the public when you advertise or write about real estate related issues ANYWHERE...your blog included!

As a broker, it seems to me that there are also significant errors and omissions issues that will be addressed in the future for us if we are not proactive in providing training and over sight for our agents.

There is undeniable power in this medium. To name a few advantages...

Incredible Exposure for Listings

Opportunity to be the 'first' connect with potential clients

Ability to Share information about the Local Market

Ability to Demonstrate Expertise about the Local Market & Real Estate Issues

Cost Effective Means of Advertising

24/7 Promotion

The List could go on & on...

But, it is not without risk & wise brokers and their agents would do well to acquire the knowledge and training to ensure their blogs make them money rather than cost them profits.

Lola Audu, CRS, GRI e-Pro ~ Audu Real Estate

Lola Audu, is the Designated Broker & Owner of Audu Real Estate. Our company specializes in helping people buy and sell homes in the greater Grand Rapids, West Michigan area. We've had the privilege of helping hundreds of clients succeed in their goals of purchasing and selling property including demonstrated success in the negotiation of Short Sale Transactions. You can contact us via e-mail @ info@auduhomes.com or by phone at 616-791-0511.

Posted by Lola Audu~Real Estate Broker/Owner Grand Rapids, Michigan Real Estate on 06/16/2008 10:40 PM

Comments (37)

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37 Comments on How To Avoid Costly Blogging Adventures...

JUN

2008

I like the fact that a course is being offered, but to get to the extent in our professionalism that we "need" this course....boy have some of us digressed...huh?

Yes, and let's not forget fair housing issues. Realtors must always be careful to present a fair and balanced view point, and not violate laws or regulations. Thanks for the reminder.

I think the real take home to this is just not to exaggerate or make claims that aren't substantiated. If he just wouldn't have included the misinformed statement about the bankrupcy he would have been OK. I think I would have been offended too if someone came out and proclaimed that I had done something with negative connotations and I hadn't. I still don't like, and don't condone suing people over things like this, but I would have asked him to retract it and apologize...

I know there is lots of money that goes towards training. Now we just need to know which ones are worth sending our money too.

Lola- Also, in this sue happy society the more well known you are as a blogger the more you become a target. Just be aware. I was almost sued over an opinion I made on my blog yet there were many other bloggers who had the same opinion as I and blogged about it but because I am more in the spotlight than some of the others I was more of a target. I decided to make friends with the entity rather than fight them on it and it all worked out.

I reported once about a person who was charged with mortgage fraud. It was all in the papers and I quoted my sources. HE called me yelling and screaming that he was suing me. I stood my ground. He said the stories were all false and that he had been falsely arrested and accused and was even suing the FBI, etc. SO I told him, there are 2 sides to every story, I would gladly interview you for your side, then blog about your defense. He said yes, that would be great. I never heard from him again.

I say be careful what you say however, if you are in the right, then don't get rolled over by those who just want to make a buck off of you. I also say stand up for your right to free speach as long as it is in the bounds of ethics and your state laws.

I communicate with the Miami blogger and I subscribe to his blog. I know his side of the story too. It is more than meets the eye.

Larry, the need for this course is highly relevant considering that NAR also has a Code of Ethics Course. Our industry needs more training not less as evidenced by some of the cases that are turning up in Professional Standards across the nation.

Gretchen...fair housing is a big deal. Real estate agents need to know that the new 'tester' may not appear at your office...they may simply visit your blog archives.

Chris...accuracy is very important in our blogs. We must be willing to do our research and be able to substantiate our claims. This is good business practise in every line of professional work.

Susan...you've got a point. There are differences in the quality of training being offered. The courses that I am referring to are State approved for Continuing Education.

Katerina, you make some very important points. The first being that you carefully researched and documented your blog commentary. Next, you handled the situation like a professional reporter...being willing to interview and give the other side of the story. Inman news indicates that bloggers are beginning to seek the aid of journalist in understanding how to make a compelling argument and defend it.

I do believe we know what's right from wrong...blogging should be no different than talking face to face with anyone and surely without the harsh, critical and rude manner in which some bloggers seem to disregard....because they're on a platform and not face to face. Geez...go figure.

Hi Lola, That agent really stepped out of bounds. I agree with Sally, you/we know right from wrong, but sometimes don't always use our best judgement. This applies to life as well, but in this instance, it was costly lesson to learn. Thank for sharing!

Wow, I didn't know there were so many rules and risks to blogging. Thanks for the heads up, I will have to research that a little and be careful what I post.

Lola - Well it was bound to happen, and I suspect there will be more litigation in the future. You and I chatted about these possibilities some months ago as I recall. We need to keep in mind the laws and the ethics policies, as well as simply using good common sense to not write something we would not say to someone directly.

Jeff

JUN

2008

Hi Lola...To the best of my knowledge we do not have a course here in Virginia as yet. If we do I hope someone will enlighten me. I will certainly take it.

Thanks for the reminder on how we need to always be mindful of our Code.

Take care,

Kathleen

Thanks for the post. I hope they will offer a course in our area.

I am grateful that I had the chance to attend your course, and Gwyns in regards to the Code of Ethics. In tandem they were the perfect CE courses in my opinion. Timely and relevant education for us.

It's a scary world in the blogging arena, we all would be wise to heed your advice.

We have no local course yet, however, I am on the education commitee of my board and will be bringing that up in this month's meeting. Thanks for sharing, Lola

Lola, is having your real estate information in the ABOUT ME tab,good enough ? I don't have it on the front page but it is there and obvious I am a REaltor.

Great advice Lola in our business we need to be aware of our obligations and take them seriously.

I don't know why anyone would think they wouldn't eventually get caught, if they're breaking the law or violating the Code. Actually, I don't know why they would want to. What real estate buyer or seller would want to do business with a dishonest agent, except a dishonest buyer or seller?

Lola, blogging is playing a larger role in the way business is done, so people better learn how to use it and do it correctly.

Lola, I may be all wet here but I also think many bloggers violate their MLS rules without really thinking about it. A blog is after all a website and at least for my MLS there are very specific rules regarding listings that are aquired by feeds or that are posted via services like Postlets. We really need to consider all the rules, not just those dealing with slander, etc. Thanks for a great post.

JUN

2008

Lola~

I've bookmarked this and dropped BOB a note to let him know I think it should be Featured. Good points for all AR -folk to consider...and stated in your own savvy way =)

This is a hot topic lately. HUD is already reading blogs here and elsewhere.

I interviewed a HUD spokesman last fall and he confirmed their compliance staff members are spending an increasing amount of time on the Web.

Sally, you're right in noting that we should know what's right and wrong. But the issues at stake here are a little more complicated. Many agents don't have the training of professional journalist & yet we are making or interpreting what amounts to news. Unfortunately, many agents have not read and clearly understood their own code of ethics either. So, it's not just right and wrong, but also ignorance...

Yvette, we would all do well to follow this case and learn from the experience. As citizens, we do have the right to free speech, but we cannot defame, slander, misquote or in any other way portray things as other than what they are as real estate agents.

Cindy, as in most things in life...there are pros and cons.

Jeff, that's the challenge. The spectrum of what agents need to be aware of has broadend tremendously. During one of the discussions in the class, Gwyn Besner who has written several courses approved for Continuing Education in the State of Michigan remarked about the changes that she would consider making to a future course as a result of some of the issues that we brought up.

Kathleen, I think Michigan is the first state to offer this as Continuing Education, but I'm sure others will follow. It is really needed and relevant to the current business climate.

Gita, Thanks for your comment

Kris, Thanks for stopping by. Hopefully, we will be able to offer more of this COMBO in the future.

Mike...Great!

JUN

2008

wow..i think it would be great if this type of class were available in pa....i dont think alot of us think about the laws when bloggin..good post and good eye opener

lola,

I didn't realize Michigan had a class on blogging. I'll have to look it up thanks for sharing

Lola- It's a good thing you share your expertise with the rest of us. I am sure I am in compliance....obviously I cannot guarantee it, but I think so :)

I had never really thought about blogging from this standpoint. Thanks so much for the education.

JUN

2008

Lola........I have to say that I agree with you in the fact that we need to be carefull.

I don't believe that many of us have the idea yet of the far reaching power of these blogs, or of the permanance of them. I can't believe how many people have read my views from Active Rain, and how often I run into more of them in person.

A few years back, I finished a run of 7 years of doing a weekly radio show that reached a small local AM audience. To this day I get feedback from shows that I barely remember, but that made an impact on a person(s) that day. They still remember. Our blogging here has the power to go much further than that.

WIth any such power comes responcibility. Going to 5 blogging classes won't stop a lawsuit for someone who publically pushes an agenda on a blog such as this. Active Rain gets out to Potentially Millions in a Day. If the powers that be could do it, maybe when we sign our blogs to be submitted, there could be one more little box that we would check....

______I acknowlege that this statement that I have just writted will be viewed by potentially millions of people for the next 20 years....I am sure I feel good about putting this out into the very public domain.

Excellent information, and a prudent alert that we are always in business, and that "everything" is always "there", on the Internet. Thanks!

Li Read, RE/MAX Salt Spring, B.C., Canada

liread33@gmail.com

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